National Insurance Co. Ltd v. Ram Niwas and Others

Court No. - 2 Case :- FIRST APPEAL FROM ORDER No. - 1028 of 2002 Appellant :- National Insurance Co. Ltd. Respondent :- Ram Niwas And Others Counsel for Appellant :- Kuldip Shanker Amist Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the appellant.

¶2The present appeal has been filed by the appellant-insurance company challenging the award dated 15.04.2002 passed by Workmen's Compensation Commissioner, Meerut in W.C.A. No.112 of 2001.

¶3Challenging the award, learned counsel for the appellant has contended that the Commissioner has erred in law in not recording any finding on the issue of driving licence. It is submitted that since the liability of the insurance company is governed by the terms and conditions of insurance policy, therefore, it was incumbent upon the Commissioner to decide the issue of breach of policy in deciding the claim petition.

¶4Be that as it may, the claim petition has been filed under Workmen Compensation Act, 1923. In a petition under Workmen Compensation Act, the Commissioner while deciding the claim has to consider only two issues whether there was relationship of the employer and employee between the owner of the offending vehicle and deceased/injured person and the injuries which caused the death arose during the course of employment. The Commissioner is not expected to record a finding on the issue of breach of policy in a proceeding under Section 30 of Workmen Compensation Act. In such view of the fact, the contention advanced by learned counsel for the appellant is rejected.

¶5For the reasons given above, the appeal lacks merit and is accordingly dismissed. Order Date :- 18.10.2023 R.S. Tiwari High Court of Judicature at Allahabad